NEW LAW A DRAG ON PATROL, COURTS

Revisions in Missouri traffic laws are causing minor headaches for state judges and the Missouri Highway Patrol.

Legislation approved last year by the Missouri General Assembly reclassified speeding and careless and imprudent driving as infractions. Previously such violations were misdemeanors.

The intent was to reduce the number of minor traffic cases in state court. In the process it has yielded unintended consequences.

The biggest, according to Capt. Clarence Greeno, director of public information for the Missouri Highway Patrol, is a negative effect on public perception of speed limits.

"It tends to communicate to the motoring public that speeding is not important," Greeno said. "We know speeding is an important highway safety issue because it contributes to the causes of traffic crashes and definitely contributes to the severity of traffic crashes."

Cape Girardeau County Associate Court Judge Gary Kamp said speeds have increased locally since the law took effect at the end of August. There have been many more citations written for exceeding 80, 90 and even 100 mph, he said.

"The number of tickets is about the same, but I've seen significantly higher speeds," Kamp said.

The maximum penalties for speeding and careless and imprudent driving were lowered from $1,000 and jail time to a $200 fine. However, points for convictions are still assessed to violators' driving records. County and municipal traffic statutes are unaffected.

The legislature passed the measure to eliminate the right to jury trial in minor traffic cases in state court. But Kamp said it also gutted the court's power to compel people to appear before the judge.

"There is a much lesser incentive to show up in court," Kamp said.

Previously, judges could issue bench warrants for no-shows. However, because speeding is no longer an arrestable offense, an arrest warrant can't be issued.

Judges can ask the prosecuting attorney to file charges of failure to appear in court, but that route leads to more work for everyone involved.

Kamp said there is some debate among judges if even that can be done in the case of infractions.

"A fairly significant number of judges are not issuing warrants for failure to appear" in those cases, Kamp said. However, most judges, himself included, are doing so.

"If you do not use a failure-to-appear situation, it leaves a real void on what you can do and cannot do," he said.

The court has more power over out-of-state offenders. As part an agreement with other states, the Missouri Department of Revenue contacts the corresponding agency in the defendant's home state if he doesn't appear.

That agency will then suspend the driver's license. Due to lack of manpower, Kamp said, the Department of Revenue doesn't do the same with in-state offenders.

"I understand it's just a logistical problem of not having people to process them," Kamp said.

From the patrol's standpoint, little has changed in the way it enforces traffic laws. However, there are some new limitations on what troopers may do.

Because speeding and careless and imprudent driving are not misdemeanors, drivers might not be arrested and required to post bond. In addition to taking away another incentive to appear in court, it also limits troopers' search abilities.

Troopers are allowed to search vehicles without consent only if the driver has been arrested or if a trooper has probable cause.

Also, speeding to outrun a trooper is no longer resisting arrest because you can't be arrested for speeding.

But Greeno said those who run usually have something else to hide.

"If a person is speeding and refuses to stop, odds are he is committing other law violations as well," he said.

Kamp said the legislators who approved the changes -- intended to be a minor alteration -- are probably surprised with the results and likely will respond with corrective measures.

"I suspect these issues will be resolved by the next legislative session," Kamp said.

He hopes those corrections will include putting some punch back into penalties.

"Two-hundred dollars if you get someone driving 100 mph to me, considering the risk to others on the road, is insignificant," Kamp said.

As to the reason for the changes -- elimination of jury trials for minor traffic violations -- Kamp said that had not been a problem in this area. During his one year on the bench, Kamp has never presided over a jury trial for speeding or careless and imprudent driving.

"Most people do not want to spend the money," Kamp said, adding that a jury trial for those offenses would cost the defendant between $600 and $800 in court costs plus a fine and lawyer's fees if he lost his case. Too big a risk for most.

Defendants are still entitled to a bench trial.

Another issue of concern to the highway patrol is the reduction of operating a motorcycle without a helmet to an infraction. Violation results in only a small fine and no points against one's license.

"Again, this is a concern for us from the highway safety issue," Greeno said. "While Missouri law still requires the wearing of motorcycle helmets, there are some individuals I'm sure who will be willing to pay a fine and not wear it."